Kwong v. Holder

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
12-150 9th Cir. TBD TBD TBD TBD TBD
 
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Issue: (1) Whether an abstract of judgment, which is prepared by a court clerk for sentencing purposes after a defendant’s guilty plea and without the defendant’s input, qualifies as a conclusive record made or used in adjudicating guilt sufficient to determine the nature of a prior conviction under Shepard v. United States; and (2) whether a burglary conviction in a state that does not require an unlawful or unprivileged entry can be considered a crime of violence under Leocal v. Ashcroft, when it is not a violent felony under Taylor v. United States.

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